Scottish Government

Environmental Liability (Prevention and Remediation)(Scotland) Regulations 2008: Draft Guidance

Contents

1. Introduction
About this guidance
What are the Environmental Liability Regulations?
Overview of the Regulations
Avoiding Environmental Damage

2. When do the Environmental Liability Regulations apply?
Where the Regulations apply
What 'damage' means
What activities are covered
Who is liable
Exemptions
Deciding whether the Regulations apply

3. What is 'damage' for the purposes of the Regulations
Damage to protected species and natural habitats
Damage to water
Land damage

4. Roles and responsibilities
Duties of operators
Duties of authorities
Powers of authorities
Who is the authority?

5. Immediate action: prevention and notification
Immediate action for imminent threats
Immediate action for 'damage'
Whom to notify

6. Determination of 'damage'

7. Determining remedial measures
Process for determining remedial measures
Identifying potential remedial measures (water and species and habitats)
Identifying remedial measures (land)
Decisions on remedial measures

8. Implementation of remedial measures
Carrying out remedial measures
Achievement of required results

9. Appeals

10. Multi party causation

11. Cost recovery

12. Offences and penalties

13. Requests for action
Whom to notify
Reporting imminent threats of damage
Action by the authority

Annex 1: Glossary of terms
Annex 2: List of protected species and natural habitats
Annex 3: Contact details for authorities